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Darren New wrote:
> Patrick Elliott wrote:
>> Anyone arguing to invalidate software patent is cutting their own
>> throat, ***if*** they think they have any sort of software to which
>> they might want to apply a patent.
>
> I don't think you understand how it works. Have you actually
> participated in a patent dispute where such a concern is brought up?
>
You just got through saying that precedent applies to identical or
nearly identical situations. So your question.. doesn't make sense in
context of what I am saying. Take the whole "one click buying" thing,
for example. There is almost certainly some "similar" things that other
companies would love to patent. Arguing that the patent shouldn't exist
at all, instead of merely how obvious it seems, would set a precedent to
deny similar patents entirely.
In other words, what I am saying is, attacking the validity of software
patent is a meta issue that effects "all" of them, not just the specific
cases. It has to, by definition. So that is never the method used to
attack them, but any arguments are centered on "specifics", since that
allows you to attack the specific patent in question, without
invalidating multiple patents in the process, by invalidated the *meta*
issue of if they should be such patents. Or, are you honestly trying to
claim that when company X goes into court their first, or even last,
argument is, "Well, such patents shouldn't happen anyway, because..."?
That is what I mean by cutting their own throat. You don't make an
argument that invalidates your own future cases, just to win one where
someone else is suing you over supposed infringement.
--
void main () {
If Schrödingers_cat is alive or version > 98 {
if version = "Vista" {
call slow_by_half();
call DRM_everything();
}
call functional_code();
}
else
call crash_windows();
}
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